News & Analysis as of

Environmental Protection Agency (EPA) Compliance Enforcement Actions

Oberheiden P.C.

EPA Litigation Defense in 2024: Strategies for Companies Facing Civil or Criminal Penalties

Oberheiden P.C. on

The U.S. Environmental Protection Agency (EPA) is responsible for enforcing the federal laws, regulations, and Executive Orders focused on protecting the environment for the benefit of the American people, threatened and...more

Holland & Knight LLP

EPA Enforcement Action Highlights Need for Oversight of Marine Fuel, RINs Activity

Holland & Knight LLP on

A recent enforcement action by the U.S. Environmental Protection Agency (EPA) highlights the perils of incorrectly categorizing marine fuels under EPA's Renewable Fuel Standard (RFS) and Diesel Fuel programs. Indeed, EPA's...more

Holland & Hart LLP

New Mexico Announces New Crack Down on O&G Operations

Holland & Hart LLP on

Citing low compliance rates with air quality requirements, the New Mexico Environmental Department (NMED) has announced it is ramping up compliance assurance and enforcement activities at oil and gas operations within the...more

Latham & Watkins LLP

EPA Continues Its Phasedown of HFCs

Latham & Watkins LLP on

The agency’s two recent actions introduce enhanced restrictions on hydrofluorocarbons and provide a series of compliance dates for industry stakeholders. On October 5, 2023, the US Environmental Protection Agency (EPA)...more

Latham & Watkins LLP

SCAQMD Announces Enforcement of Southern California Warehouse Regulation Despite Ongoing Litigation

Latham & Watkins LLP on

Regulators are pursuing steep fines in response to widespread alleged noncompliance with an emissions rule still subject to potential reversal by the courts. On September 20, 2023, the South Coast Air Quality Management...more

White and Williams LLP

A Changing Climate: the Rising Tide of ESG Liability and Implications for D&O Coverage

The latest legal buzzword, ESG, represents the environmental, social and governance factors that many corporations are now required to consider and disclose alongside traditional financial information such as operating...more

Morgan Lewis

Enforcement Issues and Trends Affecting the US Automotive and Mobility Industry

Morgan Lewis on

As the automotive and mobility industry continues to grow under the watch of a new US presidential administration, it is important for key players to better understand the government agencies charged with enforcing the rules...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Clean Water Act/EPA Needs to Better Assess and Disclose Quality of Compliance and Enforcement Data: U.S. Government Accountability...

The United States Government Accountability Office (“GAO”) issued a July 2021 report titled: Clean Water Act – EPA Needs to Better Assess and Disclose Quality of Compliance and Enforcement Data (“Report”) - See...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Decline in U.S. Environmental Protection Agency Enforcement: Office of Inspector General Report

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a May 13th report titled: Resource Constraints, Leadership Decisions, and Workforce Culture Led to a Decline in Federal...more

Tonkon Torp LLP

Don't Get In A Pickle – Food And Beverage Companies Need To Stay Mindful Of Environmental Regulation

Tonkon Torp LLP on

They may not realize it, but the manufacturers of many of America's favorite foods (beer, bread, coffee, jerky, salsa, salad dressing, etc.) are subject to a multitude of environmental regulations for food and beverage...more

Holland & Knight LLP

Steady as She Goes: Three Expectations for the Coast Guard in 2021

Holland & Knight LLP on

As the new Biden Administration takes the helm in January 2021, there are great expectations for the next year in terms of consistency and stability at the federal level. Generally, industry can expect the U.S. Coast Guard...more

McGlinchey Stafford

Do we need to comply with EPA regulations during COVID-19?

McGlinchey Stafford on

EPA issues enforcement discretion policy during COVID-19 crisis - On March 26, 2020, the U.S. Environmental Protection Agency (EPA) issued guidance on how it will exercise its enforcement discretion in light of the COVID-19...more

Vedder Price

COVID-19 Implications for the U.S. EPA’s Enforcement and Compliance Assurance Program

Vedder Price on

On Thursday, March 26, 2020, the United States Environmental Protection Agency (U.S. EPA) announced an Enforcement Discretion Policy for the COVID-19 Pandemic. Being mindful of the health and safety of the public, as well as...more

Stoel Rives LLP

Alaska Department of Environmental Conservation Issues No Action Assurance Memorandums in Response to COVID-19 Caused...

Stoel Rives LLP on

Last week, the Alaska Department of Environmental Conservation (“ADEC”) issued two No Action Assurance Memorandums, one from the Division of Water (“Water Memo”) and one from the Division of Air Quality (“Air Memo”), to...more

Brownstein Hyatt Farber Schreck

EPA Issues Enforcement Discretion Policy During COVID-19

The Environmental Protection Agency (EPA) has issued a memorandum describing how and when the Agency will implement temporary enforcement discretion for certain federal environmental noncompliance during the COVID-19...more

Parker Poe Adams & Bernstein LLP

U.S. Government Continues Raising the Cost of Noncompliance

The U.S. Justice Department, the Federal Trade Commission, and other federal agencies recently announced their 2018 increases for civil penalties. As the costs of violations continue rising, it is imperative that companies...more

Williams Mullen

Strange But True: Recent EPA and State Actions Show Breadth of Environmental Enforcement

Williams Mullen on

A trilogy of recent federal and state enforcement actions show just how far agencies will go to enforce environmental regulations. Now may be a good time for a compliance audit....more

Robinson+Cole Manufacturing Law Blog

Does Next Generation Compliance Mean Expanded Enforcement?

EPA is in the process of rolling out Next Generation Compliance, or NextGen, in an effort to make its programs more effective, facilitate compliance, and, ultimately, enhance environmental benefit.  But in many ways, NextGen...more

Beveridge & Diamond PC

RMP and General Duty Clause Enforcement Continues at EPA Region 1

As we reported last year, the U.S. EPA has stepped up its enforcement activity under the risk management provisions of the Clean Air Act (“CAA”), Section 112(r), focusing on both the Risk Management Plan (“RMP”) program rules...more

Bracewell LLP

EPA Updates Its Audit Policy with "eDisclosure"

Bracewell LLP on

On June 10, 2015, the U.S. Environmental Protection Agency hosted a webinar describing a plan to modernize the implementation of its April 11, 2000 Audit Policy. The plan – called eDisclosure – attempts to provide a...more

Foley & Lardner LLP

U.S. EPA – Next Generation Enforcement – Already Here With More Coming Soon

Foley & Lardner LLP on

The 2016 budget focus for the United States Environmental Protection Agency (“U.S. EPA”) is on continued implementation of its “Next Generation” enforcement initiative, and this could mean big costs for manufacturers who...more

WilmerHale

Minimizing Risk Under the Clean Water Act

WilmerHale on

The Federal Water Pollution Control Act — more commonly known as the Clean Water Act — establishes a stringent regulatory and permitting regime governing the discharge of pollutants into rivers, streams, wetlands, and other...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

What to Expect From EPA in 2014

The Environmental Protection Agency (EPA) is likely to spend more time and effort on promulgating new regulations than pursuing enforcement during 2014. The agency has acknowledged that budget cuts will affect the number of...more

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